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Public Bodies Bill [HL]

My Lords, in moving Amendment 31 on behalf of my noble friend Lord Bach, I intend also to speak to other amendments in the first group. The Government have, during the Recess, had a little time to reflect on the Bill. The Minister will know of the evidence given by the Lord Chief Justice to the Constitution Committee, which, as he knows, was highly critical of the Bill. We have also very recently received the report of the Commons Select Committee on Public Administration, chaired by a Conservative MP, Mr Bernard Jenkin, which was also highly critical of the Bill. As the Select Committee report states, the review leading up to the Bill, "““was poorly managed. There was no meaningful consultation, the tests the review used were not clearly defined and the Cabinet Office failed to establish a proper procedure for departments to follow. It is important that the Government learn lessons from these mistakes as it has indicated that future reviews are likely to be run in broadly the same way. To ensure their effectiveness future reviews should not be conducted in a similar way””." Amen to that. The Select Committee continues: "““The Bill giving the Government the power to bring about these changes was equally badly drafted. It is being significantly re-written by the House of Lords and we intend to issue a further detailed report on the Bill once the Lords have finished their scrutiny””." It seems that, gradually, the Government are beginning to recognise that there is a need to make substantive changes to the Bill. I am grateful to the noble Lord, Lord Taylor, for his recent amendments, most of them made before the Recess, taking out most judicial organisations from Schedule 7. I think that that is a belated recognition of the Bill’s threats to judicial independence. I hope that the noble Lord will be able to do more in the coming weeks. I would like Schedule 7 to be removed in its entirety and the super-affirmative procedure to be used for every order pertaining to an organisation listed in the Bill. I also hope that the noble Lord, and the noble Lord, Lord McNally, will listen sympathetically to the points made on this group of amendments. All of them, in one way or another, relate to the effective administration of justice. In moving Amendment 31, I shall speak also to my Amendments 32 and 45 and comment on Amendments 40 and 42. Amendment 31 relates to the courts boards. The boards have not managed or administered the courts themselves but have given advice and made constructive recommendations to foster improvements in the administrative services provided. There is one courts board for each of the local management areas administered by area directors across England and Wales. Each courts board has members drawn from different communities and from a variety of backgrounds. The information from the Ministry of Justice states: "““Courts Boards were established because there was a fear that the voice of Magistrates would be lost within a unified HM Courts Service. These fears have dissipated because other structures—such as the Justices’ Issues Group and the Area Judicial Forums—are in place to ensure that Magistrates’ views are heard. There are also strong local relationships with Magistrates’ Benches Chairs””." However, I have received a number of letters from chairs of local area courts boards expressing concerns. To summarise them, there are two. The first is that, at a time of a programme of court closures, no local independent review can take place. The chairs of the committees believe that the reduction in the number of local courts creates a greater need for mechanisms to keep in touch with communities and to identify local needs. The point is also made by the chairmen in the letters that I have received that boards can help to advise Her Majesty’s Courts Service on ways in which policies can be implemented at local level so as to help to ensure the most effective use of resources. I would be grateful for the response of the noble Lord, Lord McNally, to the concerns raised by the chairs of those committees. Turning to Amendment 32, on the Crown Court Rule Committee, perhaps I may also speak to Amendment 42 in the name of my noble friend Lady Hayter concerning the Magistrates’ Courts Rule Committee. On this, the Government have said that following the creation of the Criminal Procedure Rule Committee, which now makes all criminal rules under the Courts Act 2003, the Crown Court Rule Committee has lost the majority of its functions, making it a near-defunct body. I would be grateful if the noble Lord, Lord McNally, would indicate that the Government are happy with the work of the Criminal Procedure Rule Committee. I ask that because it originally appeared in the list of organisations in Schedule 7, but the noble Lord, Lord Taylor, has signalled, in his Amendment 142ZA, the Government’s intention to remove it from Schedule 7. That leaves a question mark in my mind as to the Government’s intention in regard to that committee. The aim of the abolition of the Magistrates’ Courts Rule Committee is to, "““reflect the fact that the much reduced remit””," of the committee, "““does not warrant the maintenance of the Committee””." Can the noble Lord confirm that the Magistrates’ Association was consulted and will he say what its comments were? I know that the Lord Chief Justice has indicated his agreement in principle to the abolition of the committee, but it would have been useful to obtain the views of the Magistrates’ Association—no doubt, the Government have done so. I shall comment briefly on Amendment 40, which I know that the noble Lord, Lord Ramsbotham, will want to speak to. The argument for the abolition of the inspectorate is that, "““Her Majesty’s Courts Service is established as a single body responsible for the administration of all courts, with its own robust management information systems and audit processes in place””—" the prose of the Ministry of Justice rolls off the tongue. The Government therefore consider that, "““the Inspectorate’s functions relating to the independent inspection of court administration are no longer needed””." I would be grateful if the noble Lord, Lord McNally, would amplify the thinking of his department on this and, in particular, the rationale for saying that the closure of the inspectorate, "““will allow government to get a better, more consistent grip on regulation and inspection””." I must say that I think that that is a heroic argument for getting rid of an independent inspectorate. One always has to raise issues and questions about any proposal to abolish an independent inspectorate and the House needs to pay very close attention indeed to that matter. Amendment 45 concerns the Public Guardian Board, which was set up under the Mental Capacity Act 2005 to scrutinise and review the way in which the Public Guardian discharges his functions and to make recommendations to the Lord Chancellor. I want, first, to pay tribute to the work of the board and its members, particularly Rosie Varley, the chair of the board. I read with interest the annual report of the Public Guardian Board, particularly the chairman’s foreword, where she says that, "““we agree that an advisory board such as ours cannot continue into the future, and we support the proposal in the Public Bodies Bill, currently before Parliament, that we should be one of the bodies that ceases to exist. We hope that robust alternative arrangements for the OPG’s governance will be put in place””." She goes on to describe the active part that she played in discussions about more streamlined governance arrangements for the OPG. She says that she is clear about the need for effective accountability and challenge within an arm of government. She argues for the OPG to adopt a more businesslike model and to be freed from the judicial constraints of a central government agency. She says that such a transition, in her view, adds to the case for a strong and integrated governance structure to succeed the Public Guardian Board, which has operated until now alongside the internal management processes of the OPG, and I very much welcome the noble Lord’s comments on that. I would also like him to reflect on the Mental Capacity Act and the role of the Public Guardian Board in acting as the independent watchdog for the rollout and effect of legislative change. After the board’s demise, it would be even more important that the Government are alive to the provisions of the Act and its role in promoting active citizenship and protecting the vulnerable. I shall end by referring to what Mrs Varley said about changes in the NHS. Here, I must declare an interest and refer noble Lords to the register in relation to the National Health Service. As she writes in her foreword, "““the Department of Health is closing its MCA Implementation team, Local Authorities are trimming all but essential services, and Primary Care Trusts are being abolished. The challenge to the Government, in maintaining the momentum and reaping the potential of the MCA in the face of such financial constraint and organisational upheaval, is enormous””." I would be most grateful if the noble Lord, Lord McNally, would also comment on that. I beg to move.